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What is an Asbestos Lawsuit? A lawsuit against asbestos companies is a great way for the families of victims to receive compensation. Compensation may take the form a jury verdict or settlement. A reputable mesothelioma law firm can help you determine which lawsuit is best for your specific situation. The process begins with the filing of an initial complaint. Defendants have a limited amount of time to respond. missouri asbestos lawyer is a type of cancer that affects the thin layer of tissue that covers many of the body's internal organs. It is caused by exposure to asbestos. The condition is most often seen in the lungs (pleural mesothelioma) but it can also occur in the stomach and stomach lining (peritoneal mesothelioma), the heart, and testicles. The condition is extremely rare however, it can be extremely aggressive and often fatal. Most people who suffer from mesothelioma inhaled asbestos dust at work. It can take decades for the disease to develop and symptoms can not appear for years after exposure. In most cases, the first sign is shortness of breath or chest pain. Mesothelioma is not curable, but there are treatments which can ease symptoms and prolong the life of patients. Mesothelioma can be diagnosed based on a patient's medical history, physical exam, and laboratory tests. It is crucial to discuss any past exposure to asbestos with your doctor as it could increase the chance of developing the disease. The symptoms of mesothelioma may be misinterpreted as other illnesses. The initial signs include chest pain, shortness of breathe, and a dry cough. These symptoms are similar to those that are associated with lung conditions such as bronchitis or pneumonia. This makes mesothelioma hard to diagnose. Many patients are not diagnosed until advanced stages of the disease, when it becomes more difficult to treat. Scientists have identified a variety of factors that can be responsible for the development of mesothelioma. Exposure to asbestos is the most widely known factor. However other environmental contaminants like arsenic or cadmium could also cause the disease. The three forms of malignant mesothelioma depend on the type of cells are affected. Pleural mesothelioma may be the most prevalent form of the disease. It occurs in the lining of the chest cavity and lungs (pleura). Peritoneal mesothelioma is less frequent but still serious. It is found in the inside (peritoneum) of the stomach. It is a rare cancer that affects the testicles. Researchers continue to research the relationship between asbestos exposure and mesothelioma. There is evidence that suggests that genetic mutations can influence the chance of developing mesothelioma. Clinical trials to test drugs that target these gene mutations are ongoing. Asbestos Litigation In addition to the physical pain as a result of asbestos-related diseases, victims often face financial burdens due to the loss of income. Asbestos suits help victims get the money they need to offset their expenses and restore their standard of living. The initial step of an asbestos lawsuit is gathering evidence and identifying the main defendants. This includes reviewing the history of work done by the victim and determining if asbestos-related products contributed to their condition. The victim's trial team will then make a mesothelioma claim against the responsible companies and manufacturers. The next phase of an asbestos lawsuit is the discovery process. This involves interviewing coworkers and analyzing asbestos dust samples and reviewing the medical records of the victims and laboratory tests. Once a complete database of employers, vendors, and products is established, potential defendants are identified. This could take years dependent on the victim's job background. It involves speaking with family members, co-workers or abatement workers, and examining different records such as Social Security, tax, union and employer records. During the discovery phase, asbestos and other defendants could submit procedural motions to dismiss a plaintiff's case. These motions usually are founded on technical issues and are contested by experienced lawyers. Once a trial date is established, the victims must demonstrate their injuries before a jury. This is a difficult task because mesothelioma, and other asbestos-related diseases are difficult to recognize. The victims must prove that exposure to asbestos was the cause of the disease and that the illness was a direct consequence of that exposure. Asbestos trial attorneys can create an argument that is convincing for their clients based on their extensive experience in this field of law. They can also engage with insurance companies and take proactive steps to address the defenses raised by defendants to ensure that their clients receive a fair settlement offer. Many asbestos cases are classified as mass torts due to the fact that they involve large numbers of injured victims against multiple defendants. The Judicial Panel on Multidistrict Litigation has consolidated thousands of these cases into MDL 875, In Re Asbestos Products Liability Litigation. This litigation is currently ongoing in the Eastern District of Pennsylvania. Class Action Lawsuits In the United States, asbestos exposure is so widespread that nearly all people have been exposed to it at some point. It takes continuous and prolonged exposure to asbestos to trigger mesothelioma-related illnesses that are serious. The time between exposure and diagnosis of mesothelioma could range from 10 to 60 years. The asbestos industry is implicated in a variety of class action lawsuits. The most well-known case was that of Borel v. Fireboard Paper Products Corporation which set the precedent of strict liability for asbestos manufacturers. In the early cases families were seeking compensation for the death of a loved one from firms that made asbestos-based items. Asbestos is a fibrous minerals that are found in nature. Asbestos, which is resistant to fire, heat and corrosion, was a popular building material in the 1920s and in the 1960s. It's also tough, and cheap. Asbestos was utilized in many different construction projects, including applied to fire and sound insulation pipe coating, floor tiles, ceiling tiles, roofing and siding shingles. Unfortunately asbestos has been identified to be a potent carcinogen that has the potential of inducing mesothelioma as well as asbestosis, and lung cancer. These diseases can be caused by breathing asbestos fibers in tiny amounts, which can infiltrate the lungs and stay there for a long period of time which can cause inflammation and scarring and eventually leading to cancerous tumors. In certain instances asbestos can release into the air when asbestos-containing materials are disturbed. This can occur in commercial, military and residential structures, as well as on bridges, roads, and ships. The Environmental Protection Agency regulates asbestos removal, including guidelines on proper handling, disposal and testing of asbestos-contaminated material. In a few cases, family members of mesothelioma sufferers have sought compensation from the companies that made asbestos-based products and claimed that the companies were negligent in their product development and marketing practices. Mesothelioma is a terminal illness with an estimated mortality rate of 90 percent and it is therefore essential that victims seek compensation. A mesothelioma lawyer is able to guide victims family members and loved family members through the process of taking action against negligent asbestos manufacturers. Compensation Many asbestos-related victims can receive compensation for medical expenses as well as lost wages and pain and suffering. The amount of compensation depends on a variety of factors, like the severity of the disease or time between exposure to asbestos and diagnosis. Many people diagnosed with mesothelioma, asbestos-related illnesses can receive significant financial compensation. Asbestos lawyers can help determine the eligibility of compensation. They can review the patient's medical history as well as work history and locations where they have worked. They can then use information on thousands of work sites and asbestos products to determine how and which areas a person was exposed to asbestos. After the lawyers have collected this information, they will file a lawsuit against an asbestos producer or trust fund. This is usually done at the state-level. The asbestos settlement is the most popular method of settling mesothelioma claims. A lawyer for asbestos can usually reach a settlement within 90 days. Attorneys take into account the total cost of care and the amount each client will be suffering from their asbestos-related disease when trying to negotiate the settlement. They look at a variety of costs, from transportation to home health aids, as well as complementary therapies. They also assess how much a person has lost in income and other personal assets. It takes 10-50 years for symptoms to show up and most people are diagnosed with mesothelioma in their 70s. However, people in their 40s and 50s may also suffer from asbestos-related diseases. Asbestos victims can seek compensation from the companies who exposed them to the toxic substance and asbestos trust funds and even from insurers who have assumed the responsibility for asbestos manufacturers. Mesothelioma and other asbestos-related illnesses can be costly to treat. It can be a lonely experience for those who are affected. A reputable mesothelioma lawyer will help ensure that every victim receives all the compensation they deserve. In certain cases, compensation could be in the millions. Asbestos victims who have lost a loved family member to mesothelioma and/or another asbestos-related disease can also pursue a wrongful death lawsuit against the person responsible.